Substitute Senate Bill No. 1026
Substitute Senate Bill No. 1026
PUBLIC ACT NO. 97-176
AN ACT REFORMING ABSENTEE VOTING LAWS TO PROTECT
AGAINST ABUSES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 9-140b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) An absentee ballot shall be cast at a
primary, election or referendum only if: (1) It is
mailed by (A) the ballot applicant, (B) a designee
of a person who applies for an absentee ballot
because of illness or physical disability or (C) a
member of the immediate family of an applicant who
is a student, so that it is received by the clerk
of the municipality in which the applicant is
qualified to vote not later than the close of the
polls; (2) it is returned by the applicant in
person to the clerk by the day before a regular
election, special election or primary or prior to
the opening of the polls on the day of a
referendum; (3) it is returned by a designee of an
ill or physically disabled ballot applicant, in
person, to said clerk not later than the close of
the polls on the day of the election, primary or
referendum; or (4) in the case of a presidential
or overseas ballot, it is mailed or otherwise
returned pursuant to the provisions of section
9-158g.
(b) As used in this section and section
9-150c, "designee" means (1) a person who is
caring for the applicant because of the
applicant's illness or physical disability,
including but not limited to, a licensed physician
or a registered or practical nurse, (2) a member
of the applicant's family, who is designated by an
absentee ballot applicant and who consents to such
designation, or (3) if no such person consents or
is available, then a police officer, registrar of
voters, deputy registrar of voters or assistant
registrar of voters in the municipality in which
the applicant resides.
(c) For purposes of this section "mailed"
means sent by the United States Postal Service or
any commercial carrier, courier or messenger
service recognized and approved by the Secretary
of the State.
(d) No person shall have in his possession any
official absentee ballot or ballot envelope for
use at any primary, election or referendum except
the applicant to whom it was issued, the Secretary
of the State or his or her authorized agents, any
official printer of absentee ballot forms and his
designated carriers, the United States Postal
Service, any other carrier, courier or messenger
service recognized and approved by the Secretary
of the State, any person authorized by a municipal
clerk to receive and process official absentee
ballot forms on behalf of the municipal clerk, any
authorized primary, election or referendum
official or any other person authorized by any
provision of the general statutes to possess a
ballot or ballot envelope.
(e) NO (1) CANDIDATE OR (2) AGENT OF A
CANDIDATE, POLITICAL PARTY OR COMMITTEE, AS
DEFINED IN SECTION 9-333a, SHALL KNOWINGLY BE
PRESENT WHEN AN ABSENTEE BALLOT APPLICANT EXECUTES
AN ABSENTEE BALLOT, EXCEPT (A) WHEN THE CANDIDATE
OR AGENT IS (i) A MEMBER OF THE IMMEDIATE FAMILY,
AS DEFINED IN SECTION 1-79, OF THE APPLICANT OR
(ii) AUTHORIZED BY LAW TO BE PRESENT OR (B) WHEN
THE ABSENTEE BALLOT IS EXECUTED IN THE OFFICE OF
THE MUNICIPAL CLERK AND THE MUNICIPAL CLERK OR AN
EMPLOYEE OF THE MUNICIPAL CLERK IS A CANDIDATE OR
AGENT.
Sec. 2. This act shall take effect July 1,
1997.
Approved June 24, 1997